Penal Code, 1860–Secs. 34 & 149–Code of Criminal Procedure, 1973–Sec. 216(4)–Appellate Court altered the charge from Sec. 149 to 34–Justification–No reason was recorded that the provisions of Sec. 34 were applicable–It was not recorded that there was sufficient evidence to prove that the four accused who were ultimately convicted had done the criminal act in furtherance of a common intention–Trial Court had convicted the appellant with the aid of Sec. 149 and after confirmation of conviction of only four accused, and acquittal of other accused, the offence of unlawful assembly was not made out–Only the act of stopping the deceased will not by itself, bring the case within the purview of Sec. 34–Conviction of appellant u/s. 302/34 deserves to be set aside.
